You are on page 1of 4

RETAINERS AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:


This Agreement is made and entered into by and between:
_____________________,
represented
by
_________________________, of legal age, married, Filipino, with
business address at _______________________, hereinafter known
as THE CLIENT;
- and ATTY. _____________, of legal age, single, Filipino, and with
office
address
at
_____________________________,
Philippines, hereinafter referred to as the LEGAL COUNSEL;
WITNESSETH:
I.
THAT the CLIENT hereby engages and appoints the LEGAL COUNSEL
as its LAWYER and RETAINER to handle, represent and manage its referred legal
transactions as well as its other legal needs and requirements, and the LEGAL
COUNSEL hereby agrees and accepts such engagement and appointment;
II.
NOW, THEREFORE, foregoing premises considered, the CLIENT and
the LEGAL COUNSEL mutually agree with the following:
1.
SERVICES INCLUDED: The retainers services of the LEGAL
COUNSEL shall cover the legal requirements of the CLIENT in the ordinary course of
its official business, such as consultations, legal advice and opinions, and appearance
or attendance in meetings or conferences whenever so required by CLIENT by way of
appointment;
2.
SCOPE OF DOCUMENTATION AND NOTARIAL SERVICES: As
part of the retainers services, the LEGAL COUNSEL hereby agrees to render, the
review and notarization of simple affidavits and similar documents referred by the
CLIENT.
3.
LIMITATION OF SERVICE: For other legal documents, such as
contracts, deeds, special powers of attorneys, leases, letters, correspondence,
memoranda of agreement, written communication, as well as corporate requirements
requiring extensive research and processing of documents or papers with concerned
agencies and entities, the drafts and notarizations thereof may likewise be for a
reasonable fee in such amount as may be further agreed upon by the parties.
The amount of such legal or notarial fee shall be based upon, among other
factors, the consideration or amount earned by the client, novelty of the questions
involved, the importance of the subject matter, the extent of services rendered or time
required, technical skills required on the subject matter, and the standard rate of legal
fees of the IBP;
4.
RETAINERS FEE: The retainers fee shall be in the amount of
________________________ Thousand Pesos Only (P ______,000.00) per
month, which shall be furnished by the CLIENT to the LEGAL COUNSEL on or before
the twenty fifth (25th) day of each month.

5.

LITIGATION CONCERNS AND LEGAL REPRESENTATION:

(a) Cases Other Than Collection Cases Taking into consideration, such factors
like the importance of the case, the time spent for the case, novelty and difficulty of the
issues involved, extensiveness of the legal research, the venue of the litigation or place
of hearing and/or conference, and other important and relevant considerations, the
LEGAL COUNSEL shall be entitled to a reasonable amount of attorneys fees for such
cases other than collection cases. In any of the said cases, the LEGAL COUNSEL shall
only enter into compromise or settle extra-judicially or judicially any suit or action
upon the consent and direction of the CLIENT or his authorized representative.
(b) Collection Cases: All accounts or collection matters endorsed to the LEGAL
COUNSEL for appropriate action shall be supported with all evidence and documents
necessary for the successful prosecution of the actions and able legal representation of
the cases of the CLIENT. The LEGAL COUNSEL shall at all times confer with the
CLIENT and obtain the latters approval as to the terms and conditions of any
proposed settlement, before any extra-judicial or judicial settlement of any account
shall be entered into, for and in behalf of the CLIENT; and, both parties shall notify
each other in writing on any payment received or collected by them, in accordance with
the preceding paragraph.
(c) For services rendered in collection cases, the LEGAL COUNSEL shall be
entitled to: (1) Ten Percent (10%) of the amount actually collected for and in behalf of
the client, if the account is settled and/or obligation is paid extra-judicially or after the
issuance of demand letters, office/personal negotiations and/or follow-up calls; and,
(2) Twenty Percent (20%) of the amount actually collected if the account is settled
and/or obligation is paid after the institution of a civil, criminal or administrative
action but prior to the pre-trial/preliminary conference or if settled through the
mediation procedure; and, finally, (3) Twenty Five percent (25%) of the amount
actually collected, if ever the collection is effected through judicial means or by way of
prosecution of civil, criminal or administrative cases in an actual pre-trial and/or trial.
In any case, the LEGAL COUNSEL may request for working capital for advanced
expenses in the institution of the proper criminal, civil or administrative case that will
be deductible to the amount represented by the above-stated percentages upon the
collected/collectible amount, as an advance payment thereof.
5.
APPEARANCES BEFORE COURTS OR QUASI-JUDICIAL BODIES
AND IN PRIVATE OFFICES: When so required by the of the CLIENT, or its cases, the
LEGAL COUNSEL shall make representations and appearances, for and in behalf of
the CLIENT, such as, before the proper Courts, Prosecutors Office, Banko Sentral ng
Pilipinas, The Monetary Board, Department of Labor and Employment (DOLE),
National Labor Relations Commission (NLRC), other administrative and/or quasijudicial bodies or in any other place. For each and every case or legal concern
represented, a reasonable appearance fee shall be furnished to the LEGAL COUNSEL,
depending upon the place where the case is instituted or the venue of the action.
Moreover, for out-of-town court hearings, legal conferences and/or business meetings,
the reasonable board and lodging and transportation needs of the LEGAL COUNSEL
shall be borne by the CLIENT.
6.
REPORTS: The LEGAL COUNSEL may submit, when required, in a
regular basis, a status/progress report to the CLIENT on all actions taken on each case,
lawsuit or legal concerns. The report shall contain, among others, the following: the
court, quasi-judicial body or administrative office where the case is filed/pending; the
date when the case was instituted; the parties and amount involved; the legal options
available and actions taken or to be adopted on the case; and, appropriate legal advice

or recommendations of the LEGAL COUNSEL. Likewise, a written status report may


be so required by the CLIENT from the LEGAL COUNSEL on any development on the
case.
7.
TERM: The term of this retainers agreement shall be for SIX (6)
MONTHS, effective ________________________________, and shall be
considered automatically renewed semi-annually, unless pre-terminated by either of
the parties, by giving the other party at least one (1) month written notice of such
termination.
8.
This Retainers Agreement shall not be prejudicial to whatever situation
wherein the LEGAL COUNSEL must not or cannot represent the CLIENT based on
reasons regarding conflict of interest of any kind on the part of LEGAL COUNSEL.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ____
day of _________________ at Davao City, Philippines.
By:
________________________________
Represented By:
By:
_____________________________
ATTY.
________________
Owner/Representative
Retained Counsel
Signed in the presence of:
___________________________
__________________________

ACKNOWLEDGMENT
Republic of the Philippines)
City of Davao
) s.s.
BEFORE ME this ____day of ____________________________, at
Davao City, Philippines, personally appeared _______________________ with
his
; and ________________________, with
________________________________________________________ who
represented to me to be the same persons who executed the foregoing instrument, and
acknowledged to me that the same are their own free act and deed.

This instrument, consisting of four (4) pages, including the page on which this
acknowledgement is written, has been signed on the left margin of each and every page
thereof by the parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL on the day, year and place above written.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2016.

You might also like